Working / Studying in the UK
The Points Based System (PBS) is new immigration regime introduced by the Home Office in 2008. It replaces many previous immigration categories, claiming to simplify the process of gaining entry/leave in the UK. Over 2008/2009 the system has been fully rolled out.
Experience to date shows constant Home Office changes and updates to immigration criteria and procedures, while the Home Office settles into its new system. If you are applying to enter/remain in the UK for work or study purposes we encourage you to contact us to ensure your application complies with latest immigration procedures.
The Points Based System
Tier One: General
Tier One applications are for the following:
- Highly skilled migrants: for high earning skilled individuals with university level education. Similar to previous Highly Skilled Migrants Programme (HSMP).
- Entrepreneurs: For individuals setting up/taking over businesses with minimum investment of £200 000, continuing to be actively involved in the business operations;
- Investors: Those with at least £1 000 000 wishing to invest in UK business, creating at least two jobs based in the UK;
- International Graduates: recent university graduates wishing to remain in the UK for two years after graduation to acquire further work experience in their specialist area.
Applicants are scored against a points based criteria. They must have competence in English language and ability to maintain themselves. Successful applicants can eventually gain settlement in the UK (except for International Graduates).
Tier Two - Gaining Work Permission for an Employee
Those wishing to gain work permission for a specific employer are granted leave under Tier Two.
Tier Two has the following effect:
- It replaces the old work permit procedures. Current work permit holders usually have to meet transitional criteriawhich is not always a straightforward matter.
- Employers must register with the Sponsorship Management System and obtain a licence to issue work permission;
- Employers must assess if an employee meets work permission criteria;
- Employers must continue to review work permission of employees to ensure employees are not illegal workers
- Employees are tied to the sponsoring employer unless they can switch to another sponsoring employer or into a different immigration status;
- Employees must demonstrate a minimum amount of savings to meet maintenance requirements;
- Employees can eventually accrue the right to settlement in the UK.
Tier Three - Low Skilled Workers
The Home Office has yet to unveil details regarding this category. It has no intention to operate it in the near future. It is anticipated that a quota system for foreign nationals to gain low skilled employment in the UK will be established, continuing on from the Sector Based/Seasonal Agricultural Workers Schemes.
Please continue to visit our website for updated developments.
Tier Four – Students
On 31 March 2009 Tier Four came into effect. Educational establishments will have to obtain sponsorship licenses before being able to sponsor foreign student. They will also have a larger role in ensuring foreign students actually attend and maintain their studies in the UK. Like employers, schools, colleges and universities will face sanctions if they do not uphold their sponsorship responsibilities, which could result in their sponsorship licenses being revoked. Please Contact us if you have any concerns about sponsoring foreign students, or entering/remaining in the UK as a foreign student.
Please continue to visit our website for updated developments.
Tier Five – Volunteer and Temporary Workers
This category includes exchange/temporary workers and those entering the UK in other youth mobility capacities. It will incorporate for example, working holidaymakers and au pairs. Most importantly those entering the UK under Tier Five will not usually be able to accrue rights towards settlement.
Those accustomed to previous exchange and temporary work rights should seek specialist advice as there have been great changes introduced into the types of short term work opportunities available under Tier Five compared to the previous array of discrete immigration categories, most notibly for summer work placements.
European Economic Area Workers (EEA)
EEA member nationals use their right of freedom of movement in order to work in the UK. Usually they need only demonstrate their EEA nationality (for example by showing their EEA passport) and do not require entry clearance. However recent countries joining the EEA are under some restrictions:
Workers Registration Scheme
- Nationals from the following countries must register with the Home Office in order to work legally- Poland, Lithuania, Estonia, Latvia, Slovenia, Slovakia, Hungary, and the Czech Republic.
- Once nationals from the above mentioned countries have worked for twelve consecutive months they are generally able to remain in the UK restriction free.
Bulgarian and Romanian Nationals
Bulgarians and Romanians currently require permission to work before they can take up employment in the UK. As a special concession they are able to obtain work permission for low skilled vacancies on a quota basis.
Work Permits
On 27 November 2008 the work permits structure ceased and was replaced entirely by Tier Two of the PBS. The UKBA has introduced transitional criteria for existing work permit holders. It is highly advisable for work permit holders to consult specialist advice before lodging any Tier Two extention applications or seeking to change their current immigration status.
Please continue to visit our website for updates.
Highly Skilled Migrants Programme (HSMP)
The Highly Skilled Migrants Programme (HSMP) which was aimed at highly educated or professionally experienced individuals with proven earning potential ended in June 2008. It has been replaced by Tier One of the Points Based System.
Due to the revised criteria introduced in December 2006, many individuals who were granted highly skilled migrant status before this date were unable to extend their leave following the changes. The Home Office’s decision to revise the HSMP criteria was judicially reviewed on 8 April 2008. As a result the Home Office has introduced transitional criteria for those affected by the changes. For those with existing leave in this category, it is highly advisable to seek specialist advice before applying to extend leave in the UK.
Illegal Workers
The Home Office has further toughened its stance on illegal workers. Previously employers could rely on a simple documentation exercise to discharge their responsibilities regarding employment of foreign nationals. It is now more complicated to check employees’ ID as well as to raise statutory defences when things go wrong.
As of 29 February 2008, a civil penalty (up to £10,000.00 per illegal employee) is payable for employing illegal workers and employers can face criminal sanctions (a maximum £5,000.00 fine and up to two years prison term). Breaching the law will also have a direct impact on the ability of employers to sponsor foreign nationals in the future. Employers need to maintain careful records regarding the immigration status of all their employees. For more information on what to do, seek specialist advice.
For more information, please contact us or e-mail our Immigration Experts at immigration@atkinslaw.co.uk.
